South Carolina General Assembly
124th Session, 2021-2022

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Indicates New Matter

R204, H3606

STATUS INFORMATION

General Bill
Sponsors: Reps. G.M. Smith, Yow, Sandifer, Erickson and Bradley
Document Path: l:\council\bills\rt\17932wab21.docx

Introduced in the House on January 12, 2021
Introduced in the Senate on March 3, 2021
Last Amended on April 20, 2022
Passed by the General Assembly on April 26, 2022
Governor's Action: May 16, 2022, Signed

Summary: Exempt certain improvements made to residential property from permit requirements and other provisions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/12/2021  House   Introduced and read first time (House Journal-page 256)
   1/12/2021  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 256)
   1/26/2021  House   Member(s) request name added as sponsor: Yow
   2/11/2021  House   Member(s) request name added as sponsor: Sandifer
   2/24/2021  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (House Journal-page 3)
   2/25/2021  House   Member(s) request name added as sponsor: Erickson, 
                        Bradley
   2/25/2021          Scrivener's error corrected
    3/2/2021  House   Amended (House Journal-page 30)
    3/2/2021  House   Read second time (House Journal-page 30)
    3/2/2021  House   Roll call Yeas-109  Nays-1 (House Journal-page 33)
    3/3/2021  House   Read third time and sent to Senate 
                        (House Journal-page 12)
    3/3/2021          Scrivener's error corrected
    3/3/2021  Senate  Introduced and read first time (Senate Journal-page 13)
    3/3/2021  Senate  Referred to Committee on Labor, Commerce and Industry 
                        (Senate Journal-page 13)
    2/1/2022  Senate  Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (Senate Journal-page 12)
   4/20/2022  Senate  Committee Amendment Adopted (Senate Journal-page 25)
   4/20/2022  Senate  Read second time (Senate Journal-page 25)
   4/20/2022  Senate  Roll call Ayes-44  Nays-0 (Senate Journal-page 25)
   4/21/2022  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 7)
   4/21/2022          Scrivener's error corrected
   4/26/2022          Scrivener's error corrected
   4/26/2022  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 28)
   4/26/2022  House   Roll call Yeas-89  Nays-13 (House Journal-page 28)
   5/12/2022          Ratified R  204 (Senate Journal-page 219)
   5/16/2022          Signed By Governor

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/12/2021
2/24/2021
2/25/2021
3/2/2021
3/3/2021
2/1/2022
4/20/2022
4/21/2022
4/26/2022

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R204, H3606)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-265 SO AS TO EXEMPT CERTAIN IMPROVEMENTS MADE TO RESIDENTIAL PROPERTY FROM BUILDING PERMIT REQUIREMENTS, AND TO EXEMPT PROPERTY OWNERS WHO MAKE SUCH IMPROVEMENTS FROM RESIDENTIAL BUILDERS COMMISSION LICENSURE REQUIREMENTS; AND TO AMEND SECTION 40-59-20, RELATING TO DEFINITIONS CONCERNING THE RESIDENTIAL BUILDERS COMMISSION AND ITS LICENSEES, SO AS TO REVISE THE DEFINITION OF RESIDENTIAL SPECIALTY CONTRACTORS.

Be it enacted by the General Assembly of the State of South Carolina:

Exemptions from professional licensure

SECTION    1.    Article 1, Chapter 59, Title 40 of the 1976 Code is amended by adding:

"Section 40-59-265.    (A)    This chapter, including Section 40-59-260, does not apply to an owner of residential property who improves the property when the improvements are for the following:

(1)    building:

(a)    one-story detached accessory structures, provided that the floor area does not exceed two hundred square feet;

(b)    fences not over seven feet high;

(c)    retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge;

(d)    water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one;

(e)    sidewalks and driveways;

(f)    painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

(g)    prefabricated swimming pools that are less than twenty-four inches deep;

(h)    swings and other playground equipment;

(i)        window awnings supported by an exterior wall that do not project more than fifty-four inches from the exterior wall and do not require additional support;

(j)        decks not exceeding two hundred square feet in area, that are not more than thirty inches above grade at any point;

(2)    electrical:

(a)    listed cord-and-plug connected temporary decorative lighting;

(b)    reinstallation of attachment plug receptacles but not the outlets;

(c)    replacement of branch circuit overcurrent devices of the required capacity in the same location;

(d)    electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy;

(e)    minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles;

(3)    gas:

(a)    portable heating, cooking or clothes drying appliances;

(b)    replacement of any minor part that does not alter approval of equipment or make such equipment unsafe;

(c)    portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid;

(4)    mechanical:

(a)    portable heating appliances;

(b)    portable ventilation appliances;

(c)    portables cooling units;

(d)    steam, hot- or chilled-water piping within any heating or cooling equipment regulated by the South Carolina Residential Building Code;

(e)    replacement of any minor part that does not alter approval of equipment or make such equipment unsafe;

(f)    portable evaporative coolers;

(g)    self-contained refrigeration systems containing ten pounds or less of refrigerant or that are actuated by motors of one horsepower or less;

(h)    portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid;

(5)    plumbing:

(a)    the stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work must be considered as new work and a permit must be obtained and inspection made as provided in the South Carolina Residential Building Code;

(b)    the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(B)    The improvements delineated in subsection (A) are exempt from building permit application requirements and an owner of residential property who makes these improvements is not required to have a residential builder or residential specialty contractor's license or be subject to the penalties provided in this chapter."

Residential specialty contractors

SECTION    2.    Section 40-59-20(7) of the 1976 Code is amended to read:

"(7)    'Residential specialty contractor' means an independent contractor who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed five hundred dollars and are not regulated by the provisions of Chapter 11. A residential specialty contractor is not authorized to construct additions to residential buildings or structures without supervision by a residential builder or other appropriately licensed person or entity. Residential specialty contracting includes the following areas of contracting and other areas as the commission may recognize by regulation:

(a)    plumbers;

(b)    electricians;

(c)    heating and air conditioning installers and repairers;

(d)    vinyl and aluminum siding installers;

(e)    insulation installers;

(f)    roofers;

(g)    floor covering installers;

(h)    masons;

(i)        dry wall installers;

(j)        carpenters;

(k)    stucco installers;

(l)        painters and wall paperers;

(m)    solar panel installers.

Plumbers, electricians, and heating and air conditioning installers and repairers must be issued specialty contractor licenses after passing the required examination, if the other requirements of this article are met. Vinyl and aluminum siding installers, masons, dry wall installers, carpenters, stucco installers, painters and wall paperers, and solar panel installers must be issued specialty contractor registrations, if the other requirements of this article are met.

A residential specialty contractor is prohibited from undertaking work outside the scope of his license or registration, including employing, hiring, and contracting or subcontracting with others to perform such work on his behalf.

The provisions of this chapter do not preclude a licensed residential builder from also obtaining licensure or registration as a residential specialty contractor in an area of contracting identified in statute or recognized by the commission. In addition, a residential builder, who is licensed by examination in this State, is authorized to perform work in any of the areas of residential specialty contracting without separately obtaining a residential specialty contractor license or registration."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 12th day of May, 2022.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2022.

___________________________________________

Governor

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This web page was last updated on May 18, 2022 at 10:39 AM